Ordinance 5087 Ch. 45 Stormwater Drainage and Pollution Prevention Update
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ORDINANCE NO. 5087
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, DECLARING THE DOCUMENT ENTITLED “AMENDMENTS TO
CHAPTER 45, STORM DRAINAGE REQUIREMENTS” AS A PUBLIC
RECORD; AMENDING THE CODE OF THE CITY OF CHANDLER,
CHAPTER 45 STORM DRAINAGE REQUIREMENTS, BY RENAMING THE
CHAPTER
TO
STORMWATER
DRAINAGE
AND
POLLUTION
PREVENTION; ADDING, RENUMBERING, AND AMENDING NEW
SECTIONS 45-1 DEFINITIONS, 45-2 DELEGATION OF AUTHORITY FOR
ADMINISTRATION AND ENFORCEMENT, 45-3 UNIFORM DRAINAGE
POLICIES AND STANDARDS ADOPTED, 45-4 RIGHT OF CITY TO DRAIN
STANDING
WATER,
45-5
DECLARATION
OF
NUISANCE,
45-6
PROHIBITION
OF
NON-STORMWATER
DISCHARGE
TO
THE
STORMWATER
COLLECTION
SYSTEM;
EXCEPTIONS,
45-7
CONSTRUCTION SITE STORMWATER RUN OFF/RELEASE CONTROL
REQUIREMENTS,
45-8
POST-CONSTRUCTION
STORMWATER
RUNOFF/RELEASE
AND
MAINTENANCE
REQUIREMENTS,
45-9
INSPECTION AND ENFORCEMENT, 45-10 VIOLATIONS AND PENALTIES,
45-11 APPEALS, AND 45-12 HABITUAL OFFENDERS; PROVIDING FOR
THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the Arizona Department of Environmental Quality’s (ADEQ) Arizona Pollutant
Discharge Elimination System (AZPDES) General Permit for Stormwater Discharges from Small
Municipal Separate Storm Sewer Systems (MS4) to Waters of the United States No. AZG2021-
002, requires the City to adopt stormwater codes and the Stormwater Enforcement Response Plan
(ERP) which sets forth procedures for compliance actions and escalation of enforcement of the
City’s ordinances relating to storm water quality; and
WHEREAS, the City Manager or designee has the authority to enforce the City’s drainage
requirements, stormwater codes, Best Management Practices (BMPs), and AZPDES permit
requirements; and
WHEREAS, the City Manager or designee has adopted the Stormwater Enforcement Response
Plan (ERP), which clarifies policies and procedures for how the City will investigate and respond
to instances of noncompliance with the City’s stormwater codes, regulations, drainage
requirements, BMPs, and violations of its AZPDES permit requirements; and
WHEREAS, it is necessary to amend Chapter 45 Storm Drainage Requirements, of the Chandler
City Code, to be consistent with the ERP and the City’s AZPDES permit requirements; and
WHEREAS, it is further necessary to amend Chapter 45, so that violations may be enforced
through civil citations and to provide for criminal enforcement for habitual offenders; and
Ordinance No. 5087
Page 2
WHEREAS, the amendments will clarify stormwater violations and the corresponding penalties
associated in an equitable and consistent manner in order to protect the public, the City’s
investment in its infrastructure, and personnel working in or on the municipal separate storm sewer
system.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
That certain document known as the “Amendments to Chapter 45, Storm Drainage
Requirements,” one paper copy and one electronic copy of which shall remain on
file in the office of the City Clerk, is hereby declared to be a public record.
Section 2.
That the Chandler City Code, Chapter 45, is hereby renamed, renumbered, and
amended by adoption of the “Amendments to Chapter 45, Storm Drainage
Requirements,” said document having been declared to be a public record.
Section 3.
Providing for Repeal of Conflicting Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this
ordinance, or any parts hereof, are hereby repealed.
Section 4.
Providing for Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
Section 5.
Providing for Penalties.
A violation of this ordinance shall be a civil infraction, and habitual offenders are
punishable by criminal citation subject to the enforcement and penalty provisions
set forth in Section 1-8 of the Chandler City Code.
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler,
Arizona, this ______ day of ______________________, 2024.
ATTEST:
_______________________________
_________________________________
CITY CLERK
MAYOR
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this ____ day
of ________________________, 2024.
Ordinance No. 5087
Page 3
ATTEST:
________________________________
__________________________________
CITY CLERK
MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5087 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
_____ day of _______________________, 2024, and that a quorum was present thereat.
___________________________________
CITY CLERK
APPROVED AS TO FORM:
_______________________________
CITY ATTORNEY
Published in the Arizona Republic on:
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AMENDMENTS TO CHAPTER 45
STORM DRAINAGE REQUIREMENTS
{Public Record for Ordinance No. 5087}
Section 1.
Chapter 45 of the Chandler City Code is renamed from “Storm Drainage
Requirements” to “Stormwater Drainage and Pollution Prevention.”
Section 2.
Chapter 45 of the Chandler City Code is amended as follows.
45-1. DEFINITIONS
IN ADDITION TO THE DEFINITIONS SET FORTH IN SECTION 1.2 OF THIS CODE, THE
FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS, UNLESS THE
CONTEXT CLEARLY REQUIRES OTHERWISE:
APPLICABLE WATER QUALITY STANDARD MEANS A NUMERIC OR NARRATIVE
WATER QUALITY CRITERION THAT LIMITS THE QUANTITY OR CONCENTRATIONS
OF POLLUTANTS THAT MAY BE PRESENT IN NAVIGABLE WATERS DEFINED IN 33
U.S.C. SECTION 1362(7).
BEST MANAGEMENT PRACTICES (BMPS) MEANS ACTIVITIES, PROHIBITION OF
PRACTICES, STRUCTURAL AND NONSTRUCTURAL CONTROLS, OPERATIONAL AND
MAINTENANCE PROCEDURES, CONTROL MEASURES AND OTHER MANAGEMENT
PRACTICES TO PREVENT OR REDUCE THE DISCHARGE OF POLLUTANTS TO THE
STORMWATER COLLECTION SYSTEM. BMPS ALSO INCLUDE TREATMENT
REQUIREMENTS, OPERATING PROCEDURES, AND PRACTICES TO CONTROL SITE
RUNOFF, SPILLAGE OR LEAKS, OR DRAINAGE FROM OUTDOOR STORAGE AREAS.
CITY MANAGER MEANS THE CITY MANAGER FOR THE CITY OF CHANDLER OR THE
CITY MANAGER’S DESIGNEE.
FIREFIGHTING ACTIVITIES MEANS ALL EMERGENCY RESPONSE ACTIVITIES THAT
CONTROL OR EXTINGUISH FIRES. THE PHRASE DOES NOT INCLUDE THE RELEASE
OF SIGNIFICANT MATERIALS THAT OCCUR AFTER AN EMERGENCY SITUATION
HAS ENDED.
MS4 MEANS THE CITY-OWNED MAN-MADE MUNICIPAL SEPARATE STORM SEWER
SYSTEM DESIGNED OR USED FOR COLLECTING AND/OR CONVEYING ONLY
STORMWATER, INCLUDING CITY STREETS WITH DRAINAGE SYSTEMS, RETENTION
AND DETENTION BASINS, CATCH BASINS, CURBS, GUTTERS, DITCHES, CHANNELS,
AND STORM DRAINS.
NPDES/AZPDES
PROGRAM
MEANS
THE
FEDERAL
NATIONAL
POLLUTANT
DISCHARGE
ELIMINATION
SYSTEM
(NPDES)
PROGRAM
ADMINISTERED
2
NATIONALLY PURSUANT TO 33 U.S.C. SECTION 1342 AND THE ARIZONA
POLLUTION
DISCHARGE
ELIMINATION
SYSTEM
(AZPDES)
PROGRAM
ADMINISTERED IN ARIZONA PURSUANT TO ARIZONA REVISED STATUTES, TITLE
49, CHAPTER 2, ARTICLE 3.1.
NPDES/AZPDES
PERMIT
MEANS
AN
AUTHORIZATION
TO
DISCHARGE
STORMWATER ISSUED UNDER THE NPDES/AZPDES PROGRAM.
POLLUTANT
MEANS
FLUIDS,
CONTAMINANTS,
TOXIC
WASTES,
TOXIC
POLLUTANTS, DREDGED SPOIL, SOLID WASTE, SUBSTANCES AND CHEMICALS,
PESTICIDES, HERBICIDES, FERTILIZERS AND OTHER AGRICULTURAL CHEMICALS,
INCINERATOR RESIDUE, SEWAGE, GARBAGE, SEWAGE SLUDGE, MUNITIONS,
PETROLEUM
PRODUCTS,
CHEMICAL
WASTES,
BIOLOGICAL
MATERIALS,
RADIOACTIVE MATERIALS, HEAT, WRECKED OR DISCARDED EQUIPMENT, ROCK,
DIRT, SAND, SEDIMENT, AND MINING, MUNICIPAL, AND AGRICULTURAL WASTE,
OR ANY OTHER LIQUID, SOLID, GASEOUS OR HAZARDOUS SUBSTANCES.
POLLUTION MEANS THE PRESENCE OF POLLUTANTS ON LAND OR IN
STORMWATER.
POLLUTION PREVENTION MEANS OPERATIONAL PROCEDURES AND PROCESSES
AND IMPROVEMENTS IN HOUSEKEEPING OR MANAGEMENT TECHNIQUES THAT
REDUCE POTENTIAL OR ACTUAL RELEASES OF POLLUTANTS TO THE
ENVIRONMENT INCLUDING ALL AIR, WATER, AND LAND RESOURCES AFFECTED
BY THOSE POLLUTANTS.
STORMWATER COLLECTION SYSTEM MEANS ALL OR ANY PART OF ANY PUBLICLY
OR PRIVATELY OWNED SYSTEM OR STRUCTURE DESIGNED OR UTILIZED TO
RECEIVE, COLLECT, DETAIN, RETAIN, OR CONVEY STORMWATER AND ANY
DIRECT CONNECTION TO SUCH SYSTEM OR STRUCTURE. SUCH A SYSTEM MAY
INCLUDE BUT IS NOT LIMITED TO WATER CONVEYANCE SYSTEMS, INCLUDING
ROADS WITH DRAINAGE SYSTEMS, CATCH BASINS, CURBS, GUTTERS, DITCHES,
CHANNELS, SWALES, DRYWELLS, CULVERTS, STORM DRAINS, RETENTION OR
DETENTION AREAS, SPILLWAYS, SCUPPERS, PUMP STATIONS OR STORM DRAINS
LOCATED WITHIN EASEMENTS, RIGHTS-OF-WAY, PARKS, STREETS, ROADS,
PARKING LOTS, OR HIGHWAYS OR IN COMMON AREAS OF REAL PROPERTY, THAT
ARE USED FOR COLLECTING, RETAINING, OR CONVEYING STORMWATER.
RELEASE MEANS ANY SPILLING, LEAKING, PUMPING, POURING, EMITTING,
EMPTYING, DISCHARGING, INJECTING, PLACING, LEACHING, DUMPING, OR
DISPOSING INTO OR ON ANY LAND IN SUCH A MANNER THAT SIGNIFICANT
MATERIALS, POLLUTANTS, OR STORMWATER HAS THE REASONABLE POTENTIAL
TO BE INTRODUCED INTO THE STORMWATER COLLECTION SYSTEM.
SIGNIFICANT MATERIALS OR SEDIMENT MEANS AND REFERS TO SOLID, LIQUID, OR
GASEOUS SUBSTANCES OTHER THAN STORMWATER THAT CAUSES OR MAY
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CAUSE OR CONTRIBUTE TO THE VIOLATION OF A WATER QUALITY STANDARD
PURSUANT TO FEDERAL OR STATE LAW OR THE PROVISIONS OF ANY PERMIT
ISSUED TO THE CITY.
STORMWATER MEANS RAINFALL RUNOFF, SNOWMELT RUNOFF, AND SURFACE
RUNOFF AND DRAINAGE.
STORMWATER MANAGEMENT PLAN (SWMP) MEANS A DOCUMENT, TAILORED TO
THE FACILITY’S SITE-SPECIFIC CONDITIONS AND ACTIVITIES, IDENTIFYING THE
FACILITY’S PLAN FOR ELIMINATING, MINIMIZING, OR REDUCING THE AMOUNT OF
POLLUTION IN STORMWATER DISCHARGED FROM THE FACILITY.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP) MEANS A DOCUMENT THAT
IDENTIFIES ALL POTENTIAL SOURCES OF POLLUTION WHICH MAY REASONABLY
BE EXPECTED TO AFFECT THE QUALITY OF STORMWATER DISCHARGES FROM
THE CONSTRUCTION SITE.
45-2. DELEGATION
OF
AUTHORITY
FOR
ADMINISTRATION
AND
ENFORCEMENT.
THE CITY MANAGER SHALL DESIGNATE ONE OR MORE CITY DEPARTMENTS
RESPONSIBLE FOR ENFORCEMENT OF THIS CHAPTER AND THE CITY OF
CHANDLER STORMWATER MANAGEMENT PLAN.
45-1. 45-3. Uniform Drainage Policies and Standards adopted.
That certain document, three (3) copies of which are on file with the City Clerk marked, known
and designated as ALL STORMWATER COLLECTION SYSTEMS AND DRAINAGE
FACILITIES BUILT, CONSTRUCTED, OR INSTALLED WITHIN THE CITY OF
CHANDLER SHALL BE DESIGNED, ENGINEERED, AND CONSTRUCTED IN
ACCORDANCE WITH THE MOST CURRENT EDITION OF THE CITY OF CHANDLER
ENGINEERING
&
DESIGN
STANDARDS
MANUAL
FOR
PUBLIC
WORKS
CONSTRUCTION (2023 EDITION), AS AMENDED FROM TIME TO TIME. THE CITY HAS
ALSO ADOPTED THE "Drainage Policies and Standards for Maricopa County, Arizona," MOST
CURRENT EDITION, AS AMENDED FROM TIME TO TIME,January 2007 edition; and each
and all of the provisions contained therein are hereby adopted by reference and made a part hereof
as if set forth at length herein with the additions, insertions, deletions, and changes set forth below:
A.
A conceptual stormwater collection and retention plan shall be submitted with a
preliminary plat, CONSTRUCTION PLANS, or site development plan and approval must
be obtained prior to the approval of such plat or plan. The stormwater plan shall include
but not be limited to the following:
Method of collection (surface and/or subsurface).
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Depth, side slopes and volume of retention basins.
Calculations showing retention required and provided.
High-water elevation, pipe inverts and site outfall.
Method of disposal of water within thirty-six (36) hours.
The effect of a basin overflow due to back-to-back storms or a storm greater than the
design storm.
Any other data required to form a complete plan.
B.
All retention basins shall have a design capacity such that water depth is limited to a
maximum of three (3) feet resulting from a one hundred-year, two-hour storm. The City
Engineer may approve a greater water depth when a positive method of water disposal,
such as pumping facilities, is available and under the control of the City or another
governmental agency. The depth of the basin shall be measured from the basin's low outfall
point. Side slopes shall not be steeper than 4:1 (horizontal: vertical). Exceptions to slope
requirements may be approved by the City Engineer OR DESIGNEE when innovative and
esthetically pleasing design features are presented and public safety is not compromised.
C.
Changes or additions to sites which require approval of a site development plan shall be
required to address drainage on the entire site and meet storm drainage requirements as set
forth in this chapter for the complete site.
D.
All stormwater which falls within a subdivision or site, including the respective one-half
(½) of all abutting streets and easements, resulting from a one hundred-yearONE-
HUNDRED-YEAR two-hour storm shall be retained within the boundaries of said
subdivision or site.
E.
All retention basins shall be improved by the developer per City requirements for retention
basin development and installed prior to the City's acceptance of the off-site improvements.
The landscape plan shall be submitted with the engineering plans. Retention basins, when
not privately maintained, shall be dedicated to the City in fee title as stormwater retention
basins or drainage rights-of-way. In the case where private retention basins receive water,
other than that which falls upon the property and adjacent streets and/or alleys, the areas
shall be designated as easement areas for retention purposes and shall have a recorded
restrictive covenant requiring perpetual maintenance.
F.
ALL STORMWATER MUST BE EVACUATED FROM A PARCEL THROUGH
MEANS OF PERCOLATION ON SITE WITHIN 36 HOURS OF A STORM EVENT.
Shallow pit percolation tests shall be performed in retention areas to determine natural
percolation. Tests results shall be submitted to the City Engineer prior to approval of
drainage plans. Dry wells DRYWELLS are permitted to drain surface retention areas only
when no other means of disposal is available. Infiltration into the dry well cannot be
5
considered to reduce the size of the retention area. The property owner of record shall be
responsible for the design, performance, operation or maintenance of dry wells used with
on-site retention. Dry wells must penetrate at least ten (10) feet into a permeable stratum
or a percolation test must be carried out on the dry well before acceptance. The percolation
test results are to be filed with the City Engineer. Percolation tests shall again be performed
after completion of the off-site improvements to insure construction on the site has not so
compacted the soil that the natural percolation no longer meets required standards.
G.
IF THERE IS A CONFLICT BETWEEN THE CITY OF CHANDLER ENGINEERING
& DESIGN STANDARDS MANUAL FOR PUBLIC WORKS CONSTRUCTION AND
THE DRAINAGE POLICIES AND STANDARDS FOR MARICOPA COUNTY,
ARIZONA, AS ADOPTED IN THIS CHAPTER, THE CITY’S STANDARD SHALL
PREVAIL.
45-2. Compliance with storm drainage regulations.
All stormwater drainage facilities built, constructed or installed within the City of Chandler shall
be designed, engineered and constructed in accordance with the most current edition of the City of
Chandler Technical Design Manual Number 3: Drainage Policies and Standards, January, 2011
edition and the Drainage Policies and Standards for Maricopa County, Arizona, January, 2011
edition.
45-3. 45-4. Right of City to Drain STANDING WATER Basin.
It shall be unlawful for any person owning or controlling a STORMWATER retention basin
SYSTEM OR FACILITY to permit stormwater to stand therein longer than thirty-six (36) hours.
In addition to any penalty provided by law, should the person owning or controlling any privately
owned and maintained basin RETENTION SYSTEM OR FACILITY fail, neglect, OR to refuse
to drain said retention SYSTEM OR FACILITYbasin within thirty-six (36) hours, as required in
THIS section 45-1 hereof, it shall be the right of the City, upon authorization by the CITY
MANAGER Director of Public Works and Utilities, to enter upon the privately owned retention
basin property and take such action as may reasonably be necessary to drain said basin. The
draining of said SYSTEM OR FACILITYbasin shall be at the expense of the owner or person
controlling such SYSTEM OR FACILITYbasin.
45-4. 45-4.1 Assessment of costs for drainage.
Upon completion of the work, the CITY MANAGER Director of the Public Works and
Utilities Department shall prepare or cause to be prepared, a verified statement of account
of the actual cost of draining of said basin, the date the work was completed, and the street
address and the legal description of the property on which said work was done, including
overhead inspection and other incidental costs in connection therewith and shall serve a
duplicate copy of such verified statement upon the person owning or controlling such
property in the manner prescribed in section 45-5 45-11 hereof.
45-5. 45-4.2 Appeal to Council CITY MANAGER.
6
The owner or person controlling such property shall have thirty (30) days from the date of
service of the assessment to appeal in writing to the Council CITY MANAGER from the
amount of the assessment as contained in the verified statement. If an appeal is not filed
with the City Council CITY MANAGER within such thirty-day (30) period, then the
amount of the assessment as determined by the CITY MANAGER Director of the Public
Works and Utilities Department, and shall become final and binding. If an appeal is taken,
the Council CITY MANAGER shall, at its next regular meeting, hear and determine the
appeal and may affirm the amount of the assessment, modify the amount thereof, or
determine that no assessment at all shall be made. The decision of the Council CITY
MANAGER shall be final and binding on all persons.
45-6. 45-4.3 Service of notice.
Notice shall be personally served on the owner or person controlling such property, by an
officer of the Chandler Police Department, in the manner provided in SECTION 26-5 Rule
4(d) of the Arizona Rules of Civil Procedure, or mailed to the owner or person controlling
such property at the last known address by certified or registered mail or the address to
which the tax bills for the property were last mailed. If the owner does not reside on such
property, a duplicate notice shall also be sent by certified or registered mail at TO the last
known address.
45-7. 45-4.4 Lien for drainage of basin STANDING WATER.
If no appeal is taken from the amount of the assessment, or if an appeal is taken and the
Council CITY MANAGER has affirmed or modified the amount of the assessment, the
original assessment or the assessment as so modified shall be recorded in the Office of the
County Recorder and from the date of its recording shall be a lien on said lot or tract of land
until paid. Such liens shall be subject and inferior to the lien for general taxes and to all prior
recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien
obtained under the provisions of this section shall be made upon judgment of foreclosure or
order sale. The City of Chandler shall have the right to bring an action to enforce the lien in
a court of competent jurisdiction at any time after the recording of the assessment, but failure
to enforce the lien by such action shall not affect its validity. The recorded assessment shall
be prima facie evidence of the truth of all matters recited therein, and of the regularity of all
proceedings prior to the recording thereof. A prior assessment for the purposes provided in
this section shall not be a bar to a subsequent assessment or assessments for such purposes,
and any number of liens on the same lot or tract of land may be enforced in the same action.
45-8. - Non-stormwater discharges.
Except as set forth herein, no person shall cause or allow any solid, liquid or gaseous substance,
except for runoff, surface flows and drainage that is comprised solely of stormwater, to be placed
on or discharged, either directly or indirectly, to any highway, alley, public place, right-of-way or
stormwater collection system within the City, or to any other property owned by the City. The
prohibitions set forth in this Section 45-8 include, without limitation, the discharge of swimming
7
pool or spa waters or pollutants that may either come in contact with stormwater or obstruct the
intended flow of stormwater to a stormwater collection system.
45-5. DECLARATION OF NUISANCE.
A.
IT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND A VIOLATION OF
THE CHANDLER CITY CODE FOR ANY PERSON TO RELEASE MATERIALS,
POLLUTANTS, OR STORMWATER IN A MANNER THAT CAUSES OR
CONTRIBUTES TO: (1) DAMAGE TO THE STORMWATER COLLECTION
SYSTEM; (2) A VIOLATION OF AN APPLICABLE WATER QUALITY STANDARD;
OR (3) A VIOLATION OF ANY APPLICABLE CONDITION OF A STORMWATER
NPDES/AZPDES PERMIT. AN ACT IS NOT A PUBLIC NUISANCE IF IT IS
AUTHORIZED IN: (1) THIS CHAPTER; (2) AN ADMINISTRATIVE RULE, PERMIT,
PLAN APPROVAL, OR OTHER AUTHORIZATION ISSUED IN COMPLIANCE
WITH THIS CHAPTER; OR (3) A NPDES/AZPDES PERMIT.
B.
IT IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND A VIOLATION OF
THE CHANDLER CITY CODE FOR ANY PERSON TO FAIL TO MAINTAIN OR
ALTER A STORMWATER COLLECTION SYSTEM OR OTHERWISE IMPEDE THE
PROPER FLOW OR RETENTION OF STORMWATER AS SHOWN ON APPROVED
ENGINEERING PLANS.
C.
VIOLATIONS OF THIS CHAPTER ARE A PUBLIC NUISANCE AND MAY BE
ABATED THROUGH ADMINISTRATIVE ENFORCEMENT PURSUANT TO
ARTICLE II OF CHAPTER 30, OR AS OTHERWISE AUTHORIZED BY THE CODE,
INCLUDING INJUNCTIVE OR OTHER EQUITABLE RELIEF.
45-6. PROHIBITION
OF
NON-STORMWATER
DISCHARGE
TO
THE
STORMWATER COLLECTION SYSTEM; EXCEPTIONS.
A.
UNLESS EXPRESSLY AUTHORIZED OR EXEMPTED BY THIS ARTICLE, NO
PERSON SHALL CAUSE OR ALLOW THE DISCHARGE TO PUBLIC RIGHTS-OF-
WAY OR STORMWATER COLLECTION SYSTEM OF ANY SUBSTANCE THAT IS
NOT COMPOSED ENTIRELY OF STORMWATER.
B.
UNLESS EXPRESSLY AUTHORIZED OR EXEMPTED BY THIS CHAPTER, NO
PERSON SHALL USE, STORE, SPILL, DUMP, OR DISPOSE OF MATERIALS IN A
MANNER THAT THOSE MATERIALS COULD CAUSE OR CONTRIBUTE TO THE
ADDITION OF POLLUTANTS TO STORMWATER.
C.
NO PERSON SHALL DISCHARGE TO THE STORMWATER COLLECTION
SYSTEM ANY EXEMPTED DISCHARGE UNDER THIS SUBSECTION IF THE CITY
IDENTIFIES AND PROVIDES WRITTEN NOTICE TO THE PERSON THAT THE
DISCHARGE HAS THE POTENTIAL TO BE A SOURCE OF POLLUTANTS TO
RECEIVING WATERS, WATERWAYS, OR GROUNDWATER.
8
D.
NO PERSON SHALL DISCHARGE POLLUTANTS OR OTHER SIGNIFICANT
MATERIALS OR SEDIMENT TO THE STORMWATER COLLECTION SYSTEM IF
IT WOULD RESULT IN OR CONTRIBUTE TO A VIOLATION OF THE AZPDES
STORMWATER PERMIT ISSUED TO THE CITY. LIABILITY FOR ANY SUCH
DISCHARGE SHALL BE THE RESPONSIBILITY OF THE PERSON CAUSING OR
RESPONSIBLE FOR THE DISCHARGE.
E.
NO PERSON SHALL ESTABLISH, USE, MAINTAIN, OR CONTINUE ANY
CONNECTION TO THE STORMWATER COLLECTION SYSTEM WHICH HAS
CAUSED OR IS LIKELY TO CAUSE A VIOLATION OF THIS CHAPTER.
45-8.1 F. Exceptions. Unless the quantity or scope of such discharge constitutes a nuisance, the
following non-stormwater discharges are not prohibited:
A.
1. Discharges from fire hydrant flushing OR OTHER CAPITAL CONSTRUCTION AND
UTILITY MAINTENANCE AND OPERATIONS PROCEDURES conducted or
approved by the City;
B.
2. Run-off from fire fighting activity conducted by the City;
C.
3. Discharges of potable water, including uncontaminated groundwater, or from reclaimed
water line flushing conducted or approved by the City;
D.
4. Discharges comprised of air conditioner condensate;
E.
5. Discharges from watering for dust control purposes during construction activity pursuant
to an approved dust control plan, unless significant materials or sediment enters City right-
of-way or a stormwater collection system;
F.
6. Discharges from non-commercial car washes where only vehicle exteriors are washed
with water and biodegradable soaps, unless significant materials or sediment enters City
right-of-way or a stormwater collection system;
G.
7. Discharges from external building wash down where biodegradable soaps are used,
unless significant materials or sediment enters City right-of-way or a stormwater collection
system;
H.
8. Discharges from washing pavement not associated with construction activity where
biodegradable soaps are used and any hazardous or toxic materials have been removed,
unless significant materials or sediment enters City right-of-way or a stormwater collection
system;
I.
9. Discharges from washing pavement or other surfaces associated with construction
activity pursuant to an applicable permit where best management practices are utilized to
prevent significant materials or sediment from entering City right-of-way or a stormwater
collection system;
9
J.
10. Incidental and non-recurring discharges of irrigation water or discharges associated
with landscape irrigation, unless significant materials or sediment enters City right-of-way
or a stormwater collection system;
K.
11. Other, similar, discharges expressly approved in writing by the CITY MANAGER;
45-8.2. Significant Materials or Sediment. The phrase significant materials or sediment as used in
this section shall mean and refer to solid, liquid or gaseous substances other than stormwater that
causes or may cause or contribute to the violation of a water quality standard pursuant to Article
2, Title 49, Arizona Revised Statutes or the provisions of any permit issued to the City.
45-7. CONSTRUCTION SITE STORMWATER RUNOFF/RELEASE CONTROL
REQUIREMENTS.
A.
ALL PERSONS ENGAGED IN CONSTRUCTION ACTIVITIES WHO ARE
REQUIRED BY FEDERAL OR STATE LAW TO SUBMIT TO THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY (“EPA”) AND/OR THE ARIZONA
DEPARTMENT OF ENVIRONMENTAL QUALITY (“ADEQ”) A NOTICE OF
INTENT TO COMPLY WITH A NPDES OR AZPDES CONSTRUCTION
STORMWATER PERMIT SHALL PROVIDE THE CITY WITH A COPY OF THE
APPROVED NOTICE OF INTENT.
B.
ALL PERSONS ENGAGED IN CONSTRUCTION ACTIVITIES WITHIN THE CITY
SHALL MAINTAIN A COPY OF THE SWPPP ONSITE AT ALL TIMES DURING
CONSTRUCTION. THE SWPPP SHALL BE UPDATED TO REFLECT THE
CURRENT CONDITIONS OF THE SITE. SUCH PLANS MUST BE MADE
AVAILABLE TO CITY STAFF DURING SITE INSPECTIONS.
C.
ANY PERSON OPERATING UNDER A CONSTRUCTION STORMWATER PERMIT
ISSUED BY THE EPA OR ADEQ SHALL NOT CAUSE OR CONTRIBUTE TO ANY
CONDITION THAT MAY RESULT IN A VIOLATION OF ANY STORMWATER
PERMIT ISSUED TO THE CITY. SUCH PERSON SHALL UNDERTAKE ANY AND
ALL BMPS NECESSARY TO MINIMIZE POLLUTANTS FROM LEAVING THE
CONSTRUCTION SITE, SHALL PROVIDE PROTECTION FROM ACCIDENTAL
DISCHARGE OF POLLUTANTS TO THE STORMWATER COLLECTION SYSTEM,
AND
SHALL
COMPLY
WITH
THE
CLEANUP
AND
NOTIFICATION
REQUIREMENTS OF THIS CHAPTER.
D.
IF BMPS ARE REQUIRED TO PREVENT A POLLUTANT FROM ENTERING THE
STORMWATER SYSTEM, THE PERSON RECEIVING THE NOTICE OF SUCH A
REQUIREMENT MAY PETITION THE CITY MANAGER TO RECONSIDER THE
APPLICATION OF THE BMPS TO THE PREMISES OR ACTIVITY. THE PETITION
MUST BE RECEIVED IN WRITING, WITHIN 14 DAYS FOLLOWING SUCH
REQUIREMENT OR ORDER, MUST SET FORTH ANY REASONS FOR NOT
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SELECTING AND IMPLEMENTING SUCH BMPS, AND MUST PROPOSE
ALTERNATIVES. THE CITY MANAGER WILL ACT WITHIN 30 CALENDAR
DAYS OF RECEIPT OF THE APPLICATION.
45-8. POST-CONSTRUCTION
STORMWATER
RUNOFF
RELEASE
AND
MAINTENANCE REQUIREMENTS.
A.
IF STORMWATER COLLECTION SYSTEMS ARE REQUIRED OR ORDERED BY
THE CITY MANAGER TO IMPLEMENT BMPS TO PREVENT POLLUTANTS FROM
ENTERING THE PUBLIC STORMWATER SYSTEM, THAT PERSON RECEIVING
THE NOTICE MAY PETITION THE CITY MANAGER TO RECONSIDER THE
APPLICATION OF SUCH POST-CONSTRUCTION STORMWATER CONTROLS TO
THE PREMISES OR FACILITY. THE PETITION MUST BE IN WRITING, RECEIVED
WITHIN 14 CALENDAR DAYS OF SUCH REQUIREMENT OR ORDER, MUST SET
FORTH ANY REASONS FOR NOT SELECTING AND IMPLEMENTING SUCH
BMPS AND MUST PROPOSE ALTERNATIVES. THE CITY MANAGER WILL
REVIEW THE PETITION AND WILL RESPOND WITH A DECISION ON THE
PETITION WITHIN 30 CALENDAR DAYS OF RECEIPT.
B.
ALL STORMWATER COLLECTION SYSTEMS BUILT, CONSTRUCTED, OR
INSTALLED WITHIN THE CITY OF CHANDLER SHALL BE MAINTAINED IN
ACCORDANCE WITH THE MOST CURRENT EDITION OF THE CITY OF
CHANDLER ENGINEERING & DESIGN STANDARDS MANUAL FOR PUBLIC
WORKS CONSTRUCTION (2023 EDITION), AS AMENDED FROM TIME TO TIME.
C.
IT IS A VIOLATION OF THIS CHAPTER TO ALTER OR FAIL TO MAINTAIN A
STORMWATER COLLECTION SYSTEM SUCH THAT IT NO LONGER
FUNCTIONS AS SHOWN ON THE PARCEL’S ENGINEERING PLANS APPROVED
BY THE CITY.
D.
IT IS A VIOLATION OF THIS CHAPTER TO ALLOW A STORMWATER
COLLECTION SYSTEM TO FALL INTO DISREPAIR OR TO CAUSE OR ALLOW
SEDIMENT OR DEBRIS TO IMPEDE THE PROPER FLOW OR RETENTION OF
STORMWATER.
E.
CITY STAFF WILL INSPECT TO VERIFY THAT ANY NECESSARY REPAIRS
AND/OR MAINTENANCE MODIFICATIONS ARE REPORTED TO PUBLIC
WORKS AND DEVELOPMENT SERVICES TO ENSURE ALL NECESSARY
CONNECTIONS ARE PROPER, AND THAT THE STORMWATER COLLECTION
SYSTEM FUNCTIONS AS DESIGNED.
45-9. INSPECTION AND ENFORCEMENT.
A.
ENFORCEMENT OF THIS CHAPTER WILL BE CONDUCTED IN ACCORDANCE
WITH THE PROCEDURES OF ARTICLE II OF CHAPTER 30 OF THE CHANDLER
CITY CODE.
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B.
CITY STAFF ARE AUTHORIZED TO ENTER AND INSPECT REAL PROPERTY,
STRUCTURES, AND BUILDINGS AS NECESSARY TO ASSESS COMPLIANCE
WITH THIS CHAPTER. THESE INSPECTIONS SHALL BE CONDUCTED IN
ACCORDANCE WITH APPLICABLE CONSTITUTIONAL OR STATUTORY
REQUIREMENTS, INCLUDING THE INSPECTION WARRANT PROVISIONS OF
SECTION 30-15 OF THIS CODE.
C.
IT SHALL BE UNLAWFUL FOR ANY PERSON TO
INTERFERE
WITH
OR
PROHIBIT ANY AUTHORIZED EMPLOYEE OF THE CITY FROM CONDUCTING
ANY ACTIVITIES IN FURTHERANCE OF THE REQUIREMENTS OF THIS
CHAPTER, INCLUDING CONDUCTING INSPECTIONS AND COLLECTING
SAMPLES PURSUANT TO A COURT-ORDERED INSPECTION WARRANT.
D.
UPON PRESENTATION OF CREDENTIALS AND AT ALL REASONABLE OR
NECESSARY HOURS, ANY AUTHORIZED EMPLOYEE OF THE CITY SHALL
HAVE ACCESS TO ALL PREMISES AND TO ALL RECORDS PERTAINING TO
THOSE PREMISES FOR THE PURPOSE OF ENSURING COMPLIANCE WITH THIS
CHAPTER.
45-10. VIOLATIONS AND PENALTIES.
A.
THE REMEDIES SPECIFIED HEREIN ARE CUMULATIVE AND THE CITY
MANAGER MAY PROCEED HEREUNDER IN ADDITION TO ANY OTHER
REMEDIES AUTHORIZED BY LAW. FAILURE TO COMPLY WITH ANY ACT
REQUIRED IN THE NOTICE OF VIOLATION SHALL RESULT IN A VIOLATION
PUNISHABLE AS SET FORTH HEREIN.
B.
A PERSON WHO VIOLATES ANY OF THE PROVISIONS OF THIS CHAPTER
SHALL BE CHARGED WITH A CIVIL INFRACTION AS SET FORTH IN SECTION
1-8.7 OF THIS CODE.
C.
A PERSON WHO WILLFULLY OR NEGLIGENTLY VIOLATES ANY PROVISION
OF THIS CHAPTER OR ANY RELATED LAWS OR REGULATIONS MAY, UPON
CONVICTION, BE FOUND GUILTY OF A MISDEMEANOR.
D.
THE IMPOSITION OF CIVIL OR CRIMINAL PENALTIES PURSUANT TO THIS
SECTION SHALL NOT PREVENT THE CITY FROM SUSPENDING OR REVOKING
ANY PERMIT ISSUED OR FROM IMPOSING OTHER ADMINISTRATIVE
SANCTIONS, ENFORCEMENT ACTIONS, OR ABATEMENT ACTIONS OR FROM
SEEKING INJUNCTIVE RELIEF.
E.
IF THE CITY FINDS THAT THE VIOLATION OF THIS CHAPTER CONSTITUTES
A PUBLIC NUISANCE OR HAZARD TO PUBLIC HEALTH, THE CITY MAY
ABATE THE VIOLATION AS SET FORTH IN ARTICLE II OF CHAPTER 30 OF THIS
CODE IN ADDITION TO ALL OTHER REMEDIES AVAILABLE.
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45-11. APPEALS.
A PARTY AGGRIEVED BY THE MUNICIPAL COURT'S DECISION WITH REGARDS TO
ANY CIVIL PENALTY IMPOSED UPON THE PARTY FOR VIOLATION OF THIS
CHAPTER MAY APPEAL TO THE SUPERIOR COURT OF MARICOPA COUNTY
PURSUANT TO ARIZ. REV. STAT. § 12-124. AN APPEAL MUST BE TAKEN WITHIN TIME
SET FORTH IN THE RULES OF PROCEDURE FOR CIVIL TRAFFIC CASES.
45-12. HABITUAL OFFENDERS.
ANY PERSON DEEMED TO BE A HABITUAL OFFENDER SHALL BE PENALIZED
SUBJECT TO THE PROVISIONS OF SECTION 1-8.7.B. OF THE CITY CODE.